A federal appeals court has thrown out damages in a case involving an Oregon senator’s claim that his First Amendment rights were violated. The court recommended dismissing the senator’s free speech case.
The case stems from a 2018 incident where Oregon Senator Brian Boquist made controversial comments during a legislative session. Boquist allegedly threatened state police officers who were sent to bring him back to the state Capitol during a walkout by Republican senators. The incident led to an ethics complaint against Boquist and a lawsuit filed by the state alleging that his remarks violated legislative rules and endangered police officers.
Boquist filed a lawsuit of his own, claiming that his free speech rights were violated when the state sought to punish him for his comments. A federal judge initially ruled in Boquist’s favor, awarding him $3,000 in damages. However, the appeals court has now reversed that decision, finding that Boquist cannot claim damages for potential future harm to his free speech rights.
The appeals court also recommended dismissing the case, stating that the dispute between Boquist and the state should be resolved through the state’s legislative process, rather than through the courts. The court noted that the state legislature has mechanisms in place to address allegations of misconduct by its members, and that these processes should be followed rather than resorting to litigation.
Overall, the appeals court’s decision represents a significant development in the case, as it limits the damages that Boquist can seek and suggests that the dispute should be resolved through the appropriate channels within the state legislature.
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